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Traverse. Certiorari.
cannot grant a Capias, nor other Process, but two Justices of
peace at the
least must do it, and that fitting the Court, and in their Sessions; and
yet
nevertheless in these former cases the Statutes (expressly, or by necessary
implication) giving such Authority to the Justices of peace, or to one
Justice alone, and that out of the Sessions, are sufficient. Warrant
and
Commission to the Justices of peace therein, as it seemeth.
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Chap. 194, 195. |
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Traverse. CHAP. CXCIV. V.
133.
AFter that Process (or other Process ad respond')
is awarded
against the party, it seems he may come in and yield himself to pay
his Fine: or else he may offer his Traverse to the Indictment found
against
him before the Justices of peace, and the Justices ought to allow him his
Traverse against it; which Traverse is to take issue upon the chief matters
of the Indictment, or to deny the point of the Indictment. The formal
words of the Traverse are in Latin, absque hoc, &c. |
Lamb. 325. |
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But although the Justices of peace have power in
divers cases as aforesaid,
(out of their general Sessions,) to take Indictments, and after such
Indictments found to award a Process ad respondendum against Offenders,
and to hear and determine thereof; and the Offenders also have liberty
to come in and to speak, and may answer for themselves, and may offer
their Traverse, and that the Justices of peace (out of their general
Sessions) may try such Traverse being tendred to them, (' except in
cases of Riots and Forcible Entries) without which trial all the rest may
seem idle. (vide hic.) Or upon the Traverse tendred
they must certifie
or send the Inquisition of the Indictment so found before them in the
Kings Bench, or unto their Quarter or General Sessions of the peace,
there to be tried and determined. Howsoever it is safest in all cases,
(after such Traverse tendred) to certifie or deliver such Inquisition or
Indictment into the Kings Bench, or to their next Quarter-Sessions, and
so
to refer the trial to the Traverse, and farther proceedings therein, to
them.
See hereof tit. Riot & Forcible Entry.
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See Lamb.
522, 523.
& hic. cap. |
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Certiorari. CHAP. CXCV. V. 134.
THE Return of a Certiorari sent to remove
an Indictment may be
thus: First, upon the backside of the Writ of Certiorari indorse
these or the like words: |
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Executio istius Brevis patet in quadam Schedula
eidem Brevi annexata. |
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And that Schedule may be thus:
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| Cantab. |
EGO Michael Dalton, unus Custod' Pacis
ac Just' Dom' Regis ad Pacem
in dict' Com' Cantabr' conservand' necnon ad diversas Felon' Transgr'
&
alia malefacta in eodem Com' perpetrata audiend' & terminand' assign'
virtute
istius Brevis mihi deliberati, indictament' illud (unde in dicto Brevi
fit
mentio) una cum omnibus indictament' tangentibus, in Cancellar' dicti Dom'
Regis distincte & aperte sub sigillo meo certifico. In cujus
ret testimonium
ego præf. M. D. his præsentibus sigillum meum apposui.
Datum apud W. 2. die
mensis Aug. anno Regni, &c. |
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